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The Olympic Project (1401 Elm Street)
Downtown Connection TIF District
Economic Development Committee
January 6, 2014
2
Purpose
• Provide background information on Downtown
Connection TIF District
• Review the Olympic Project
• Review Budget Status of Downtown Connection
TIF District
• Obtain Economic Development Committee’s
approval for consideration of the project by City
Council on January 22, 2014
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Downtown Connection TIF District Background
• Created June 2005
• Project Plan and Reinvestment Zone
Financing Plan originally approved
August 2005, amended May 2013 to
increase budget for district
• Expires December 31, 2035, or
when approximately $514.9 million
in TIF increment has been collected
(NPV of $231.6 million)
• Established to fund projects creating
a greater density/critical mass of
development within an expanded
Downtown core with focus on
strengthening connectivity
to/between the core and growing
downtown areas
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Downtown Connection TIF District 1401 Elm Street Building Background • Construction began 1961; building opened in 1965
• Designed by George L. Dahl originally for First National Bank of Dallas
• Closed January 2010 after Bank of America’s lease ended December 2009
• Environmental study conducted 1991 showed asbestos containing materials present in
the building
• Largest vacant contiguous block downtown
• City Council approved $30M in TIF funding for redevelopment of building in 2011;
developer unable to make project work financially
• September 2013, Olympic 1401 Elm Associates, LLC entered into contract to purchase
the building and single ground lease for the property
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The Olympic Project Project Description • 1.5 million square foot building has 52 floors (2 floors underground)
• Mixed use redevelopment:
• Residential – 512 Units (levels 11 through 48)
• Office Space – 71,133 square feet
• Retail/Restaurant Space – 71,555 square feet
• Interior Public Space – Outdoor plaza on portion of 9th floor and Observation
deck on 5th floor
• Parking – 925 spaces (basement and levels 6 through 8 of building’s podium)
• Project Cost: $151,283,000
• Start Construction: 08/2014
• Complete Construction: 12/2016
• Design Review: Design Peer Review Panel (10/25/2013) reviewed and
approved design of project
• Historic Tax Credits: Developer has elected to forgo applying for Historic
Tax Credits for project to allow for greater flexibility in building design
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The Olympic Project Project Design
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Akard Street Elevation - Existing
Corner of Elm and Field Street - Existing
7
The Olympic Project Project Sponsorship – Olympic Property Partners
• Olympic Property Partners, a New York based full-service, vertically integrated
company with expertise in all facets of development, ownership and management of
commercial real estate.
• Principals have developed and/or owned over ten million square feet of commercial property,
including residential, office, retail and hospitality
• Has both the financial strength and development expertise to redevelop the building
• Headquarters located at Olympic Tower in midtown Manhattan with satellite offices in
Stamford, CT and London, UK.
• Olympic Property Partners Principals
• Seth Weinstein - real estate financier, developer and entrepreneur spanning almost 35 years;
Mr. Weinstein has developed and repositioned millions of square feet of real estate involving
complex environmental, historical and innovative projects.
• Stephen Chalk - 25 years of hotel, resort and condo-multifamily development experience. He
has 15 years experience in the Food Service Industry. Within the last 18 years he has been
an integral part in the development, consulting and supply in various, mostly luxury, hotels in
the US, Europe and Caribbean. His clients include Ritz Carlton, Four Seasons, Millennium,
Extel Developments, Marriot, Jack Nicklaus Organization, and numerous of well known
developers and finance partners.
• Mr. Weinstein and Mr. Chalk are principals in Olympic 1401 Elm Associates, LLC, the
entity formed to redevelop1401 Elm Street building.
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The Olympic Project Project Funding Sources and Uses
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Sources Amount % Uses
Private Equity $45,383,000 30% Acquisition and Construction
Senior Loan $50,780,000 34% Construction
Mezzanine Loan $55,120,000 36% Construction
$151,283,000
9
The Olympic Project Proposed TIF Funding
• Majority of proposed TIF funds will be used to reimburse
environmental remediation/demolition, public infrastructure costs
and façade improvements
• The Olympic project would not occur, but for TIF funding
• Proposed TIF funding shall not exceed $50M, $45M principal
with up to $5M in interest (accruing at a fixed rate equal to that of a municipal bond on the day of
City Council approval, as determined by the City’s Financial Advisor)
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Description Amount
Redevelopment of Vacant/Underutilized Downtown Buildings
Environmental Remediation and Demolition (includes costs of environmental site assessment costs)
$14,020,000
Street/Utility Improvements (includes streetscape improvements) $3,000,000
Façade Improvements $24,000,000
Economic Development TIF Grant (offsets portion of costs for stair park only)
$1,880,000
Architectural/Engineering $2,100,000
Total TIF Base Funding Proposed $45,000,000
10
The Olympic Project TIF Board Funding Recommendation
• On November 18, 2013, the Downtown Connection
TIF District Board of Directors reviewed and
approved TIF funding for the Olympic project in an
amount not to exceed $50,000,000, $45,000,000 in
principal and up to $5,000,000 in interest.
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The Olympic Project Highlights of TIF Funding Conditions • Minimum private investment $100,000,000, construction and construction related
soft costs
• Redevelopment shall include a minimum of 452,000 square feet:
• Minimum 25,000 square feet of retail/restaurant space
• Minimum 387,000 square feet (approximately 400 residential units) of residential space,
inclusive of resident storage space
• Minimum 40,000 square feet of office space
• Renovation and maintenance of a public observation deck on the 50th floor of
building
• Creation of an outdoor public plaza on a portion of the 9th floor of building
• Start construction and/or demolition for the Project by August 31, 2014;
• Provide proof of project financing by August 31, 2014;
• Certificate of Occupancy (CO) for the Project by December 31, 2016;
• 25% of total net leasable commercial (non-residential) space with a minimum of
50% of ground floor space must be occupied prior to TIF payment;
• Project shall be managed by a management company acceptable to Director
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The Olympic Project Highlights of TIF Funding Conditions (Continued)
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• Mixed Income Housing Requirement: A minimum of 10% of the Project’s residential
units must comply with the City’s Mixed Income Housing Guidelines for the City
Center TIF District
• Market the apartments pursuant to an affirmative fair housing marketing plan;
• Final acceptance of public infrastructure improvements from Public Works and
Transportation Department by December 31, 2016;
• Execute Operating and Maintenance agreement for public infrastructure
improvements by December 31, 2016, for 20 years;
• Construction shall be in general conformance with site plans approved by the
Downtown Connection TIF Board of Directors and Dallas City Council;
• Submit quarterly status reports for ongoing work on the project
• 25% MWBE participation for TIF reimbursable improvements; 25% Good Faith
Effort for private construction
• Project deadline can be extended 12 months, with Director and Downtown
Connection TIF District Board of Directors approval
13
Strategic Importance of Proposed Project
• Activates the largest remaining vacant building in the core
• Adds to the residential population downtown
• Improves pedestrian connections to the Akard Street light rail station;
improvements will be made to the DART station on both sides
• Located on the DART Line, project support DART Light Rail ridership
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Remaining Downtown Projects/Priorities
• $90M left for project funding
• Projects Anticipated to Request
TIF Funding:
• Statler Hotel/Old Library
• 1712 Commerce
• Ross/Field Project
• Spire Project
• Praetorian Block
• Thanksgiving Tower Plaza Area
• 411 N. Akard Street
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Ross/Field Project
Statler/Old Library
Spire Project
Thanksgiving Tower
Plaza Area
411 N. Akard
1712 Commerce
Praetorian
Block
15
Recommendation
• Staff requests ECO Committee’s approval of consideration of
a development agreement with Olympic 1401 Elm Associates,
LLC for TIF reimbursement not to exceed $50,000,000,
$45,000,000 in principal and up to $5,000,000 in interest for
the Olympic project by City Council at their January 22, 2014
Council meeting.
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APPENDICES
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Appendix A: Project Requirements/Other
Information
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The Olympic Project Facts
Minimum Residential Space (required) 387,000 s.f.
Approx. 400 Units
Minimum Affordable Housing Units 40 Units or
10% of Total Residential Units
Minimum Office Space 40,000 s.f.
Minimum Retail Space 25,000 s.f.
Parking Spaces 925
Required Private Investment – (construction hard and soft costs) Min. $100,000,000
Expected Total Project Cost $151,283,000
TIF Funding $45,000,000 + up to $5,000,000 interest
% TIF funds to total project cost 33.05%
Return on Cost without TIF 5.10%
Return on Cost with TIF 7.70%
Deadline to Obtain Building Permit August 31, 2014
Deadline to Obtain Final CO December 31, 2016
18
Appendix B: The Olympic Project Project Proforma
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The Olympic Project Proforma
Downtown Connection TIF District
PROJECT DESCRIPTION: 1401 Elm Street
PROJECT TYPE: Mixed Use (Residential, Retail, Office, Parking)
CONSTRUCTION START DATE: August 31, 2014
PROJECT SCHEDULE: December 31, 2016
Residential Units SF # of Units Avg SF
Total/Avg 494,126 512 965
Use Breakdown SF Total Leasable/Rentable SF
Residential (including storage space) 535,371 1,123,626
Retail 71,555
Office 71,133 Total Bldg SF (Gross)
Amenity Space (rentable space on publically accessible areas) 15,497 1,502,432
Parking (sub-surface and building podium) 430,070
Back of House and Common Areas 378,806
Revenue
Project Costs Residential Revenue $9,072,153
Hard Cost $105,521,000 Retail Revenue $1,775,861
Soft Cost (less Developer Fee) $20,822,000 Office Revenue $1,138,128
Acquisition $20,600,000 Parking Revenue $738,150
Total Project Cost (without City $) $146,943,000 Total Revenue $12,724,292
Expenses
Total Project Cost $146,943,000 Residential Expenses ($997,937)
TIF Assistance $50,000,000 Parking Expenses ($280,497)
Net Cost to Developer (after TIF reimbursement) $96,943,000 Common Area Maintenance ($479,446)
Utilities, Property Taxes, Insurance ($3,053,830)
Return on Cost Analysis Management Fees ($445,350)
NOI/Total Project Costs Total Expenses ($5,257,060)
Return on Cost (without City $) 5.1% NOI $7,467,232
Return on Cost (with City $) 7.7% Notes: Stabilized rates in year 5; Revenue reflects vacancy rates for Residential 10%, Retail
15% , Office 20%, Parking 5%
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Downtown Connection TIF District Reimbursement Queue
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Downtown Connection TIF District
Reimbursement Queue As of September 2013
1 Stoneleigh Hotel 5/30/2010 Completed $2,500,000 $0 $2,500,000 Yes To Be Paid
2 Hall Lone Star2 5/30/2010 Completed $852,764 $2,000,000 $2,852,764 No To Be Paid
3 Santa Fe IV - Aloft Hotel 5/30/2010 Completed $4,296,264 $0 $4,296,264 No To Be Paid
4 Grand Ricchi Dallas - 1600 Pacific 10/26/2010 Completed $8,830,000 $4,040,200 $12,870,200 No N/A
5 Joule Hotel Expansion 1/19/2011 Under Construction $20,658,500 $0 $20,658,500 No N/A
6 Atmos Complex Phase I 6/20/2011 Completed $3,250,000 $3,000,000 $6,250,000 No N/A
7 Joule Hotel Expansion Amendment 8/10/2011 Under Construction $3,194,409 $0 $3,194,409 No N/A
8 Continental Building³ 9/16/2011 Under Construction $13,305,700 $4,222,588 $17,528,288 No N/A
9 Atmos Complex Phase II 5/21/2013 Approved $11,750,000 $5,000,000 $16,750,000 No N/A
10 Hall Lone Star Project - Phase II² 8/22/2013 Approved $5,000,000 $0 $5,000,000 No N/A
TBD 1914 Commerce Street TBD Approved $13,168,950 $0 $13,168,950 No N/A
TBD 1954 Commerce Street TBD Approved $3,020,350 $0 $3,020,350 No N/A
TBD 1401 Elm Street TBD Approved $30,000,000 $0 $30,000,000 No N/A
TBD PetroCorrigan Project TBD Under Construction $10,300,000 $0 $10,300,000 No N/A
TBD 500 S. Ervay TBD Approved $5,000,000 $0 $5,000,000 No N/A
TBD LTV Tower Project TBD Approved $17,500,000 $0 $17,500,000 No N/A
$170,889,725
Notes:1The priority ranking of an approved project is established by the submittal of evidence to the City of an executed construction loan and building permit for the project.2Hall Lone Star Project, Phases I and II, is eligible to receive up to $2M in interest. The full $2M in interest is shown in Phase I of the project.3The Total TIF Reimbursement for the Continental Building project is $22,528,288 (includes an additional $2.5M in bond proceeds).4Based on the development agreement for the project, reimbursement may take the form of project generated increment only or project generated increment plus
shared increment.
Reimbursement
Priority1
Project Generated
Increment Only4
Reimbursement
StatusProject Name
Priority
Date Construction Status
Primary TIF
Reimbursement
Maximum
Interest
Total Eligible TIF
Reimbursement
20
Downtown Connection TIF District Budget Status
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B C B - C
Category
Estimated
Total Dollar
TIF Budget
Allocated³
Estimated
Total Dollar
Balance
Catalyst Projects: - Environmental remediation,
demolition, historic façade, restoration, street/utility
improvements & streetscape improvements, land
acquisition, and non project costs, including, but not
limited to machinery, equipment, materials and s $68,000,000 $68,000,000 $0
Redevelopment of Vacant/Underutilized Downtown
Buildings, Underdeveloped Parcels, Surface Parking
Lots - Environmental remediation, interior/exterior
demolition, historic façade restoration, street/utility
improvements, land acquisition, TIF grants, affor $281,262,378 $170,889,725 $110,372,653
Uptown/Downtown connection improvements $0 $0 $0
Park and plaza design and acquisition $3,335,415 $0 $3,335,415
Affordable Housing² $3,000,000 $2,000,000 $1,000,000
Retail Initiative/Streetscape Improvements $1,985,000 $459,845 $1,525,155
Downtown Area Plan $515,000 $512,464 $2,536
Administration and Implementation $6,512,935 $617,914 $5,895,021
Debt Service (Interest Only) $150,363,000 $150,363,000 $0
Total Project Costs $514,973,728 $392,842,948 $122,130,780
project
²The Affordable Housing line item has been reduced by the amount of money allocated to the Continental
³The Allocated total shown for the Redevelopment of Vacant/Underutilized Downtown Building line item reflects the
total TIF District's commitment to projects currently in the Reimbursement Queue
Downtown Connection TIF District
Current Projected Increment Revenues to Retire TIF Fund Obligations
¹TIF Budget shown above in total dollars; TIF Project Plan shows the budget in net present value.
Remaining Funds for Projects $110,372,653 (see budget)
Plus Savings from Aloft Project $ 559,845
Less Additional 1401 Elm Request $ 20,000,000 ($30 million previously budgeted for the building)
Total Remaining Funds for Project $ 90,932,498
Projects Anticipated to Request TIF Funding
• Statler Hotel/Old Library
• 1712 Commerce
• Ross/Field Project
• Spire Project
• Praetorian Block
• Thanksgiving Plaza Area
Budget values may fluctuate as a result of district
property value changes as provided by DCAD,
completion of projects within the district, changes in
tax rates for taxing jurisdictions, etc.
21
260 Peachtree Street, Atlanta: This former east
coast headquarters of Sun Life Insurance was
gut renovated from a single tenant use including
complete asbestos remediation, exterior and
interior renovations, creation of an award
winning lobby, health club, dining club and other
amenities to create a class A multi-tenant office
building in the heart of downtown Atlanta.
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Appendix C: The Olympic Project Development Team – Examples of Work
145 East 32nd Street, New York City: This 1920’s office
building was completely restored on the exterior and lobby to
its original beauty and gut renovated and modernized on the
interior. Substantial environmental remediation was required.
All systems were replaced. The building was then fully leased
including both the retail and office components.
.
One Atlantic Street, Stamford: This magnificent 1920’s
office building was restored to its original exterior detail
and the lobby and major interior features were
recreated. The original bank hall was restored including
recreating fixtures and architectural details. The office
floors were gutted and fully modernized.
Flora Lofts Project Downtown Connection/City Center TIF Districts
Economic Development Committee
January 6, 2014
2
Purpose
• Provide background information on Downtown
Connection TIF District
• Review the Flora Lofts Project
• Obtain Economic Development Committee’s
approval for consideration of the project by City
Council on January 22, 2014
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Downtown Connection TIF District Background
• Created June 2005
• Project Plan and Reinvestment Zone
Financing Plan originally approved
August 2005, amended May 2013 to
increase budget for district
• Expires December 31, 2035, or when
approximately $514.9 million in TIF
increment has been collected (NPV of
$231.6 million)
• Established to fund projects creating a
greater density/critical mass of
development within an expanded
Downtown core with focus on
strengthening connectivity to/between
the core and growing downtown areas
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Flora Lofts Project Location Map • Located in the Downtown Connection TIF District
• Located in the Arts District with close proximity to City of Dallas public investments
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Flora Lofts Project Project Description • Mixed use project:
• Residential for local working artists – 39 Affordable Units & 7 Market Rate Units • 4 Units at 30% AMFI
• 10 Units at 50% AMFI
• 25 Units at 60% AMFI
• Ground Floor Retail – 8K square feet
• Underground Parking Garage – 215 parking spaces • Affordable Residential – 30 parking spaces
• Market Rate Residential – 16 parking spaces
• Leasable Spaces - 169
• Surface Parking – 55 parking spaces (in addition to parking garage spaces)
• Project Cost: $24,527,802
• Start Construction: 05/2014
• Complete Construction: 12/2015
• Design Review: Design Peer Review Panel (03/22/2013) reviewed and
approved design of project
• Low Income Housing Tax Credits: The project has been approved for tax
credits for the residential portion of the project
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Flora Lofts Project Project Design
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Flora Lofts Project Project Sponsorship – Arts District Properties, Ltd • GRAHAM GREENE AIA has engaged, over the last 30 years, in the ownership and investment of
complex multi use developments consisting of mixed income housing, urban retail and educational
facilities. He has been a primary catalyst for and held a majority ownership in the realization of
over 1 million square feet of high density urban development in Dallas, Texas. Each project is
conceived to fit a unique situation or specialized need where the standard production oriented
developers have shown little interest.
• GRADY (BUDDY) JORDAN JR. Real estate investor/developer for more than 40 years in DFW
and Oklahoma. Former tax CPA & Management Consultant (Coopers & Lybrand). Developed
more than 3 million square feet of commercial and residential space. Currently active in
development of 1701 Canton, 508 Park, 515 Park, Las Colinas Equestrian
Center. Charitable/Civic engagements include – Elder of First Presbyterian Church, Director of
Interfaith Housing Coalition, Director of North Texas Education Finance Corp.
• JOHN WESLEY MILLER is a CPA with an extensive real estate background. He began his public
accounting career with Price Waterhouse and Ernst & Young (5 years in audit and tax
departments.) Mr. Miller has been self employed since 1993 and currently serves on two Dallas
TIF boards (Deep Ellum and Farmers Market). Previous experiences include development and
management of suburban office buildings, (250,000sf), adaptive reuse of historic buildings in an
urban setting (over 700 residential units), loan workout and management of troubled loans (loan
portfolio management of $1,000,000,000), multiple aspects of operational management of REO
assets ($500,000,000), operation oversight of Arts District parking (10+ years).
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Flora Lofts Project Project Funding Sources and Uses
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Sources Amount % Uses
Private Equity $5,485,925 22% Land Value and Construction
Low Income Housing Tax Credits $5,000,000 20% Construction
City of Dallas Home Funds Loan $1,100,000 5% Construction
Construction Loan $12,941,877 53% Construction
$24,527,802
9
Flora Lofts Project Proposed TIF Funding • Proposed TIF funding will provide inexpensive public parking for cultural district/park
patrons in an optimal location within the Arts District
• City will enter into a lease of spaces in the parking garage in an amount not to exceed
$2M
• Independent appraisals were conducted to establish fair market rental rate for the lease
• The appraisals support a rental rate of $200/space/month
• At this rate, the City will lease 50 parking spaces for 15 years in the garage
• These spaces will provide short-term public parking spaces at a reduced rate in the Arts
District
• The City will make annual payments to the owner
• Lease payments will be funded from the City Center TIF District’s Parking Initiative
budget line item
• Sharing of revenue generated by City leased spaces is being negotiated with Owner
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Flora Lofts Project TIF Board Funding Recommendation
• On May 9, 2013, the City Center TIF District Board
of Directors reviewed and approved TIF funding to
lease parking spaces in the parking garage
component of the Flora Lofts Project in an amount
not to exceed $2,000,000.
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Flora Lofts Project Highlights of TIF Funding Conditions • Minimum private investment of $12,000,000 for construction and construction
related soft costs for residential and parking garage components of Project
• Minimum 30,000 square feet of residential space (approximately 37 units)
• Minimum 5,000 square feet of retail and office space
• Minimum 85,000 square feet of below ground parking (approximately 200 parking
spaces)
• City will lease 50 spaces in the parking structure
• Lease term 15 years
• Total amount of TIF funding shall not exceed $2M
• City will make annual lease payment on or by July 1st
• City leased spaces shall serve transient/public parking, excluding office, valet,
special event contract parking and resident parking
• Owner shall fund all maintenance and operating expenses for the garage, including
security
• Start construction and/or demolition by September 30, 2014
• Obtain Certificate of Occupancy (CO) by December 31, 2015
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Flora Lofts Project Highlights of TIF Funding Conditions (Continued)
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• Obtain final acceptance of public infrastructure improvements from the Public Works
and Transportation Department by December 31, 2015
• Operating and Maintenance agreement for public infrastructure improvements
December 31, 2015, for 20 years
• Mixed Income Housing: A minimum of 10% of the Project’s total residential units
must meet District’s Mixed Income Housing Guidelines (85% of units are affordable)
13
Strategic Importance of Proposed Project
• Provides affordable housing for artists in the Arts District
• Provides inexpensive short term public parking for cultural district/park
patrons at a convenient location within the Arts District
• Provides parking solutions for under parked buildings in the Arts District
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Recommendation
• Staff requests ECO Committee’s approval of consideration of a lease
agreement with Arts District Properties, Ltd. for parking spaces in the
parking garage component of the Flora Lofts project by City Council at their
January 22, 2014 Council meeting.
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APPENDICES
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Appendix A: Project Requirements/Other
Information
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Flora Lofts Project Facts
Minimum Residential Space (required) 305,000 s.f.
Approx. 37 Units
Affordable Housing Units Provided 37 Units
Market Rate Units Provided 9 Units
Minimum Retail Space 5,000 s.f.
Minimum Parking Space 85,000 s.f.
200 spaces
Required Private Investment (construction hard and soft costs) Min. $12,000,000
Expected Total Project Cost $24,527,802
Cost of Parking Garage (construction hard and soft costs) $10,336,126
TIF Funding $2,000,000
% TIF funds to total project cost 8.15%
Deadline to Obtain Building Permit May 31, 2014
Deadline to Obtain Final CO December 31, 2015
17
Appendix B: Flora Lofts Project Project Proforma
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Flora Lofts Project Proforma
Downtown Connection TIF District PROJECT ADDRESS: 2121 Flora Street
PROJECT TYPE: Mixed Use (Residential, Retail, Parking)
CONSTRUCTION START DATE: May 31, 2014
PROJECT COMPLETION DATE: December 31, 2015
SF # of Units Avg SF
Residential Units 44,233 47 941
Use Breakdown SF Total Leasable SF
Residential 44,233 142,016
Retail 10,078
Garage (include parking lobby) 87,705 Total Bldg SF (Gross)
Common Areas 6,902 163,098
Revenue
Project Costs Residential Revenue $556,248
Total Cost $21,744,862 Retail Revenue $313,746
Land Cost $2,782,940 Parking Revenue $1,126,320
Total Project Cost (without City $) $24,527,802 Total Revenue $1,996,314
Total Project Cost $24,527,802 Expenses
TIF Assistance $2,000,000 Residential Expenses ($248,189)
Net Cost to Developer (after TIF reimbursement) $22,527,802 Retail Expenses (includes 20% Vacancy) ($115,647)
Parking Expenses ($427,371)
Return on Cost Analysis Total Expenses ($543,018)
NOI/Total Project Costs
Return on Cost (without City $) 4.1% NOI $1,010,673
Return on Cost (with City $) 4.5%
18
.
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Appendix C: Flora Lofts Project Development Team – Examples of Work • 1900 Elm / Titche-Goettinger Building
230,000sf / 130 Residential Lofts, Retail and Parking
• 1901 Main / Dallas Universities Center Higher Education Facility
450,000sf Adaptive Reuse of Commercial Property into Higher Education Facility
• 3311 Elm / 3300 Main / 3401 Commerce
320,000sf / 140 Historic Residential Live/Work Loft Units / Parking
• 3200 Main Street
• 60,000sf Mixed-Use Building / 61 Residential Live/Work Loft Units, Retail, Theater
and Parking
• Hillcrest House HIV / Shelter + Care SRO Housing
• 43,000sf / 70 Units Permanent Supportive Housing / Parking
• Prince of Wales / Life Net Center / SRO Residential Hotel
35,000sf / 63 Units Permanent Supportive Housing / Parking
Department of Sustainable Development and Construction
Amendments to Variances to
Alcohol Spacing Requirements
Chapter 6, Alcoholic Beverages
City Council
Economic Development Committee
January 6, 2014
City Council Economic Development Committee – January 6, 2014
Background Alcohol-based Zoning Uses
•Dallas has three alcohol-based zoning uses:
– Alcoholic beverage establishment, which has
three subuses:
• Bar, lounge, tavern
• Microbrewery, microdistrillery, or winery
• Private-club bar
– Liquor store
– Alcoholic beverage manufacturing
•Other zoning uses can have alcohol permits, typically:
– General merchandise or food store (grocery store,
convenience store)
– Restaurant
2
City Council Economic Development Committee – January 6, 2014
Background Wet Areas
•Dallas now has two wet areas:
– The historic fully-wet area (northwest Dallas, Downtown,
east Dallas, South Dallas) allows all types of alcohol permits.
– The local option election on November 2, 2010 created a
newly wet area (North Dallas, Oak Cliff, Far South Dallas)
that allows:
• Beer and wine for off-premise consumption (grocery
stores, convenience stores, liquor stores that sell only
beer or wine)
• Mixed beverages (beer, wine, cocktails) in restaurants
with a food and beverage certificate
– Alcohol manufacturing (brewery, winery, distillery) is allowed
in any area that is wet for the sale of that type of alcohol.
3
City Council Economic Development Committee – January 6, 2014
Background Spacing Regulations
• Texas Alcoholic Beverage Code (TABC) 109.33(a) authorizes
the City Council to adopt alcohol spacing regulations.
• Dallas City Code 6-4(a) adopts the TABC spacing requirements.
• Cities are pre-empted from regulating alcohol, except as
allowed by the TABC, so our spacing requirements must
match the TABC.
• Section 6-4(a) requires that alcohol businesses be spaced at
least 300 feet from churches, public or private schools,
public hospitals, day-care centers, and child-care facilities,
and spaced 1,000 feet from designated public or private
schools.
• TABC Section 109.33(e) allows the City Council to grant
variances from these spacing requirements.
4
City Council Economic Development Committee – January 6, 2014
Background Evolution of the Variance Ordinance
• Ordinance No. 25465 (December 8, 2003)
– Prohibited any variances from the spacing regulations.
• Ordinance No. 27747 (November 9, 2009)
– Allowed variances only for grocery store with 50,000 square feet of
floor area and a BQ wine and beer retailer’s off-premise permit.
• Ordinance No. 28444 (October 26, 2011)
– Reduced floor area for grocery stores from 50,000 square feet to
30,000 square feet.
– Also allowed variance for:
• BG wine and beer retailer’s permit with a food and beverage certificate
• MB mixed beverage permit with a food and beverage certificate
• Restaurant without drive-through
5
City Council Economic Development Committee – January 6, 2014
Background Evolution of the Variance Ordinance (con’t)
• Ordinance No. 28565 (February 22, 2012)
– Exempted Deep Ellum from the alcohol spacing
regulations
• Ordinance No. 28799 (September 26, 2012)
– Reduced floor area for grocery stores from 30,000
square feet to 10,000 square feet
– Deleted the requirement that the front door of the
alcohol business not face the protected use
6
City Council Economic Development Committee – January 6, 2014
Background Current Standards for a Variance
• The application must be for a: – wine and beer retailer's permit pursuant to
Chapter 25 of the TABC with a food and beverage
certificate;
– wine and beer retailer's off-premise permit
pursuant to Chapter 26 of the TABC; or
– mixed beverage permit pursuant to Chapter 28 of
the TABC with a food and beverage certificate,
7
City Council Economic Development Committee – January 6, 2014
Background Current Standards for a Variance (con’t)
• The application must be for one of the
following uses as defined in the Dallas
Development Code:
– a general merchandise or food store with
10,000 square feet or more of floor area; or
– a restaurant without drive-in or drive-
through service
• Alcoholic beverages may not be sold by
drive-in or drive-through service.
8
City Council Economic Development Committee – January 6, 2014
Background Current Standards for a Variance (con’t)
• City Council must find that enforcement
of the spacing requirements in this
particular instance:
– is not in the best interest of the public;
– constitutes waste or inefficient use of land
or other resources;
– creates an undue hardship on an applicant
for an alcohol permit;
9
City Council Economic Development Committee – January 6, 2014
Background Current Standards for a Variance (con’t)
• City Council must find that enforcement
of the spacing requirements in this
particular instance:
– does not serve its intended purpose;
– is not effective or necessary; or
– for any other reason that the City Council,
after consideration of the health, safety,
and welfare of the public and the equities
of the situation, determines is in the best
interest of the community
10
City Council Economic Development Committee – January 6, 2014
Background Current Standards for a Variance (con’t)
• City Council may impose reasonable
conditions on the variance.
• A variance is valid for subsequent renewals
of the alcohol permit.
• The variance may not be transferred to
another location or to another alcohol permit
holder.
11
City Council Economic Development Committee – January 6, 2014
Background Variance Applications Processed
• To date, staff has received a total of 21
variance applications.
– 11 applications were approved for general
merchandise or food stores.
– 6 applications were approved for restaurants.
– 2 applications are pending January City Council
hearings for general merchandise or food stores.
– 2 general merchandise or food store applications
were withdrawn.
12
City Council Economic Development Committee – January 6, 2014
Variance Application Process
• The application fee is $1,200.
• Notification signs must be posted on the
property within 14 days after the application is
submitted.
• Not less than 10 days before the city council
hearing, the director must:
– publish notice in the newspaper;
– send notice to neighborhood associations in the
area (via email to the department’s early
notification list); and
– send notice to the protected use
13
City Council Economic Development Committee – January 6, 2014
House Bill 2818
• HB 2818 became effective September 1, 2013.
• Allows the following permits in an area that has the wet-dry status of Dallas’ newly wet area if the permit holder also has a food and beverage certificate: – BG wine and beer retailer’s permit (TABC Chapter 25)
• Currently eligible for variances
– BE retail dealer’s on-premise license (TABC Chapter 69) • Currently not eligible for variances
– BL retail dealer’s on-premise late hours license (TABC Chapter 70) • Currently not eligible for variances
14
City Council Economic Development Committee – January 6, 2014
Breweries, Distilleries, and
Wineries • Ordinance No. 28700 (June 27, 2012) created a new
“microbrewery, microdistillery, or winery” sub-use for facilities 10,000 square feet or less. – Allowed in Industrial zoning districts with RAR
– Allowed in CR, RR, CS, Central Area, Mixed-Use, Urban Corridor, and Walkable Urban Mixed-Use zoning districts only by SUP
• Ordinance No. 28700 also created a new use, “alcoholic beverage manufacturing,” for facilities greater than 10,000 square feet. – Allowed in Industrial zoning districts with RAR
– Allowed in Central Area districts only by SUP
• Currently, any size brewery, distillery, or winery cannot apply for a variance from the alcohol spacing requirements.
15
City Council Economic Development Committee – January 6, 2014
Purpose of Briefing
• Determine if City Council wants to add the
permits addressed in HB 2818 to be eligible
for applying for an alcohol variance.
• Determine if City Council wants to add
alcoholic beverage manufacturing permits to
be eligible for applying for an alcohol
variance.
– An inquiry was received for a proposed brewery
located within 300 feet of an open-enrollment
charter school.
16
City Council Economic Development Committee – January 6, 2014
Code Amendment Options
1. Amend the spacing requirements to allow
variances for the permits allowed by HB
2818.
2. Amend the spacing requirements to allow
variances for breweries, distilleries, or
wineries.
3. Amend the spacing requirements to allow for
variances for any kind of alcohol permit, and
let City Council evaluate applications on a
case-by-case basis.
17
City Council Economic Development Committee – January 6, 2014
Next Steps
• Schedule for City Council consideration
18
Research & Information Division214.670.1685dallas-ecodev.org
DALLASECONOMICDEVELOPMENT
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Cherokee Lamar Partners LLC1210 S. Lamar St.Dallas, TX 75215
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Source: City of Dallas, 2013
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Created 12.18.2013 - 13-12-17 Chris O'Brien.TCG
Disclaimer: This product is for informational purposes andmay not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not representan on-the-ground survey and represents only the approximaterelative location of property boundaries.
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Local Road
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DALLASECONOMICDEVELOPMENT
First Pinnacle Logistics CenterN. Cockrell Hill Rd.Dallas, TX 75211
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Source: City of Dallas, 2013
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Created 12.19.2013 - 13-12-19 Chris O'Brien.TCG
Disclaimer: This product is for informational purposes andmay not have been prepared for or be suitable for legal,engineering, or surveying purposes. It does not representan on-the-ground survey and represents only the approximaterelative location of property boundaries.
City of Dallas
Highway
Arterial
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